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Friday, 29 November 2019

Enugu government’s fight against land speculators is salutary: - says HURIWA ............... *Tasks GOC 82 division on professionalism




“Any state governor with a mindset that projects the state as investors’ friendly and yearns for rapid industrialization of the state must double up efforts towards tackling the threats posed by alleged land speculators and land grabbers so as to truly make the ease of doing business seamless and result-oriented. Land administration must be sanitized so as to attract good corporate citizens to invest in the state and create employment opportunities for the ordinary people of such states.”

With the above affirmation, the prominent civil Rights Advocacy group – HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) has applauded a range of forward looking decisions made by the Enugu state governor Mr. Ifeanyi Ugwuanyi to check the proliferation of cases of alleged land speculations and land grab phenomenon in Obeagu/Amechi Awkunawnaw land of Enugu metropolitan area of the state reputed to be the political capital of the South East of Nigeria. HURIWA said it has been inundated with petitions from distressed Nigerians especially from Enugu State South East of Nigeria regarding alleged cases of land speculations and deprivation of their right to own immovable property as recognized by the Constitution in Section 43 of the Nigerian Constitution. 

Besides, the Rights group has expressed optimism that the no- nonsense chief of Army staff Lieutenant General Tukur Yusuf Buratai reputed to be a professionally disciplined soldier will investigate the alleged involvement of the General officer commanding 82 Division and the Garrison Commander of 82 Division over alleged intimidation, cruelty, undue and unnecessary deployment of soldiers by a firm of developers in Enugu state just as the Rights group confirmed that it got a petition concerning the matter which was endorsed by the law firm of Chijioke Obinna and Associates based in the nation’s capital.

On the allegations made against the General officer commanding 82 Division in Enugu Brigadier General Lasisi Adegboye over land related rights violations, the Rights group affirmed what it has deep trust and confidence in the capacity of the hierarchy of the Army to entertain the comprehensive petition with a view to applying the most effective panacea to end the rights abuses. HURIWA stated that it is aware of many steps adopted by the Civil military relations Department of the Nigerian Army in the Army headquarters to improve the respect of the Human Rights of all Nigerians in all internal military operations that are legitimate and done based on public interest.

HURIWA, in a statement to the media by the National Coordinator Comrade Emmanuel Onwubiko and the National Media Affairs Director Miss Zainab Yusuf said the recent revocation of a land title allegedly connected with illegal establishment of private housing estate in Enugu by the governor has indeed served the public interest of the natives who have persistently alleged deprivation of their access to their land.

HURIWA stated as follows: “We have just been informed about a letter dated November 27th 2019 issued under the Land Use Act, with specific reference to Article 1028 titled: “Notice Of Revocation Of Allocation Of 1097 Hectares Of Obeagu/Amechi Awkunawnaw Land, Enugu With Building Certificate Of Occupancy Registered As No. 20/20/1622 In The Lands Registry, Enugu,” and reportedly endorsed by Victor Chukwuemeka Nnam, the Commissioner of Lands and Urban Development Enugu state and addressed to Private Estate International West Africa and other members of the public who may have genuine interests in the above mentioned plot of land in which the Enugu state government stated thus: “Notice is hereby given to you who have or may still have genuine interests in 1097 Hectares of Obeagu/Amechi Awkunawnaw Land, Enugu that the allocation of the said 1097 Hectares of Obeagu/Amechi Awkunawnaw Land, Enugu registered as No. 20/20/1622 has been revoked for breach of covenant and conditions under section 28(5)(a) and (b) of the Land Use Act of 1976.”

HURIWA has therefore challenged the Enugu State government to ensure that nothing will stand in the way of the government's plans to industrialize Enugu State and create enabling environment for economic productivity and profitability by both the citizens and the state government.   

Thursday, 28 November 2019

RESTRICTION OF KEKE-NAPEP IN FCT IS SELFISH, RECKLESS, IRRESPONSIBLE AND ELITIST-: SAYS HURIWA





A frontline Civil Rights Advocacy group- HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) has described the restrictions to just few places the operation of commercial motorcyclists also known as KEKE-NAPEP by the Minister of Federal Capital Territory Alhaji Bello Mohammed  as insensitive, not well thought out, irresponsible  and ELITIST even as the Rights group has expressed shock that such a major policy that will inflict pain and penury on hundreds of thousands of Nigerians doing legitimate businesses in the nation's capital was adopted without first and foremost implementing a workable remedial action to mitigate the untold hardship.
HURIWA which admitted that the policy may have been informed by the need to sanitize the transportation system and create a the atmosphere of unimpeded flow of public transportation in the Federal Capital Territory but the group noted that the commercial operators of KEKE-NAPEP and the residents of the FCT most of whom make use of public transportation services provided by these commercial motorcyclists were never carried along just as the policy was rolled out with adequate remedial provisions for cushioning the adverse consequences of the hastily delivered policy.
HURIWA stated that Since the past three weeks or so that this draconian policy was enforced there is clear evidence that the Federal Capital Territory Chief of administration who is a cabinet level minister in the Executive Council of the Federation Alhaji Bello Mohammed never made fool proof plan-B to ensure that those who would be affected adversely by the policy are provided with alternatives to cushion the pains of the thoughtless policy.  
The Rights group said the way and manner The policy was introduced and is currently being implemented leaves much to be desired because if the government plans to ameliorate traffic challenges but ends up inflicting horrendous economic harm and physical and mental torture in a grand scale on the populace, the government needs to quickly intervene and bring about an immediate remedy to mitigate this unwarranted hardships that the people are made to go through due to no fault of theirs.
HURIWA in the media statement by the National Coordinator Comrade Emmanuel Onwubiko and the National Media Affairs Director Miss Zainab Yusuf canvassed the actual and practical introduction of alternative transportation system that would replace the equally chaotic KEKE-NAPEP because as it is the passengers made up largely of civil servants and the urban poor who contribute majorly to the sustenance of both the formal and informal economic sectors of the Federal Capital Territory are now going through hell and torments just to make ends meet in the capital city that they all helped to build. 
HURIWA said the prevailing culture of torturing commoners in Abuja as if they created themselves poor by the 'way-ward' enforcement of a transportation policy that is at best elitist is against several chapters of the 1999 Constitution including the Almighty chapter four which includes such rights as Right to life, right to freedom of movement and association which are universal human rights laws that the Nigerian state is obliged by law to observe, promote and protect. 
"The policy is also discriminatory because it is targeted at a group of poor urban dwellers even as the Rights group said the policy infringes on the section 42 of the Constitution which states thus: “(1) A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person:- (a) be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions are not made subject; or (b) be accorded either expressly by, or in the practical application of, any law in force in Nigeria or any such executive or administrative action, any privilege or advantage that is not accorded to citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions. (2) No citizen of Nigeria shall be subjected to any disability or deprivation merely by reason of the circumstances of his birth. (3) Nothing in subsection (1) of this section shall invalidate any law by reason only that the law imposes restrictions with respect to the appointment of any person to any office under the State or as a member of the armed forces of the Federation or member of the Nigeria Police Forces or to an office in the service of a body, corporate established directly by any law in force in Nigeria.”
"HURIWA can confirm that many commuters are now forced to trek over long distances to get to their workplaces or wait for many hours to catch a taxi. Most Keke-NAPEP operators got to know of the ban when they came out to start their daily work, only to be chased around by policemen. Many had their Keke’s impounded which is a state sponsored robbery that offends the relevant section of the Constitution that guarantees freedom to own property as enshrined in section 43 of the constitution of the Federal Republic of Nigeria of 1999 (as amended) which unambiguously provides thus: “Subject to the provisions of this Constitution, every citizen of Nigeria shall have the right to acquire and own (moveable) immovable property anywhere in Nigeria.”
"HURIWA has observed that the FCT Ministerial Task Team on Free Flow of Traffic joined forces with the Directorate of Road Traffic Services [DRTS] to enforce the ban on tricycles operating along Abuja’s major highways. HURIWA understands that the Chairman of the Task Team Comrade Ikharo Attah, who led his team to join the DRTS’ sensitization campaign, said full enforcement would not only restore sanity to the federal capital but would help in the fight against traffic gridlock. The Ministerial Task Team, drawn from various law enforcement agencies and civil society organizations, was inaugurated over two months ago by FCT Minister Muhammad Musa Bello."
"HURIWA recalled that the FCT minister charged the task team to among other things, rid the roads of hawkers and allow free flow of traffic just as the committee's Chairman Attah said the order was not designed to unleash hardship on tricycle operators and residents but was in line with the FCT’s transportation master plan, which stipulates that all means of transportation must be regulated and controlled and stated further that the ministerial order was meant to enhance the safety of the operators as well as that of the passengers because Keke-NAPEPs will no longer be allowed to move on highways."
HURIWA however said in as much as it has taken special notice that the ministerial task team has been going about their job prescriptions in line with the mandate handed to them by the FCT minister, but the Rights group wondered why government will unleash hardship on the people who are the real owners of the sovereignty of Nigeria and who have donated the legitimacy to government officials to exercise authority for public good responsibly. 


The Police Nigeria needs




By Emmanuel Onwubiko
The fundamental idea behind the coming into being of an organized human society is for the protection of their (humanity) lives and property.
Hitherto, man in his natural state was lawless, violent and primitively selfish but later found out that the only way to ensure self-preservation and inter-generational survival was to set up the community of people to be modeled after a society governed by law and order.
In many studies, historians have often made claims to the effect that the oldest profession in the human community is prostitution.
However, I differ from this over generalization in such a way that I am convinced that the policing institution should rank amongst the earliest organized professional careers in the human environment since security of lives informed the organization of a human society ab initio.  We will embark on a search of philosophical minds to justice the above conclusions.
Basically, the philosopher Thomas Hobbes (1588-1679) took a great deal of time to research into human’s state of nature which for the specific purpose of affirming the primacy of law enforcement, would serve as our key reference point in this reflection.
On The State of Nature, Samuel Enoch Stumpf says that- Hobbes describes men; first of all, as they appear in what he calls the state of nature, which is the condition of men before there is any state or civil society.
In this state of nature Hobbes says all men are equal and equally have the right to whatever they consider necessary for their survival.
Equality here means simply that anyone is capable of hurting his neighbor and taking what he judges he needs for his own protection.
Differences in strength Hobbes recalled can in time be overcome and the weak can destroy the strong.
The “right of all to all” which prevails in the state of nature does not mean that one man has a right whereas others have corresponding duties, ' he recalled. 
Hear him: "The word right in the bare state of nature is a man’s freedom “to do what he would, and against whom he thought fit, and to possess, use and enjoy all that he would, or could get.” 
The driving force in man is the will to survive, and the psychological mood pervading all men is fear, the fear of death and particularly the fear of violent death, says Thomas Hobbes. 
"In the state of nature all men are relentlessly pursuing whatever acts they think will secure their safety. The picture one gets of this state of nature is of men moving against each other, bodies in motion, or the anarchic condition Hobbes called “the war of all against all.”
This Hobbesian affirmation on the fundamental position of the institution of law enforcement also finds support in the constitution of the Federal Republic of Nigeria of 1999 (as amended) which is the supreme law of the nation state.
In section 14(2) (b) the grund norm affirms as follows: “The security and welfare of the people shall be the primary purpose of government.”
With a view to give consequential effect to the aforementioned primary role of government, the constitution in section 214 brings into being the policing institution as follows: “(1) There shall be a police force for Nigeria, which shall be known as the Nigeria Police Force, and subject to the provisions of this section no other police force shall be established for the Federation or any part thereof. (2) Subject to the provisions of this Constitution - (a) the Nigeria Police Force shall be organized and administered in accordance with such provisions as may be prescribed by an act of the National Assembly; (b) the members of the Nigeria Police shall have such powers and duties as maybe conferred upon them by law; (c) the National Assembly may make provisions for branches of the Nigeria Police Force forming part of the armed forces of the Federation or for the protection of harbours, waterways, railways and air fields.”
As a body created by law, the Nigeria Police Force must operate within the confines of the law.
But there are trending issues that have called into question the proper understanding of the place of the police in the affairs of our nation and especially amongst the hierarchy of the Nigerian Police Force under the command of the Inspector General of police Alhaji Adamu Mohammed.
First amongst these worrying trends in the police of Nigeria at the moment is the failure of the police hierarchy to eradicate corruption and abuse of office as stipulated in section 15(5) of the constitution.
There are too many rogue elements in the Nigerian Police Force and there is indeed no verifiable mechanisms put in place to check these abnormalities. Even the Police service Commission set up by law as the Ombudsmen to check the excesses of the Police is actively being undermined by the IGP probably supported by the Federal Attorney General and minister of justice Abubakar Malami under whose watch agencies of government and his appointing authority the President have violated binding court orders and have ridiculed the primary of the rule of Law in Nigeria.
In fact, there are certain actions the current Inspector General of police has adopted and implemented that lays credence to the fact that there is no will power to end the presence of criminal elements within the ranks and file of the police.
These important disturbing steps include the illegal recruitment of about ten thousand recruits which is reportedly carried out against established laws single handedly by the office of the Inspector General of police in which case the list was heavily padded to favour the North of Nigeria. 
By law, the Police Service Commission (PSC) which in section 153/158 of the constitution is an independent institution is charged with the duty of enlistment and recruitment of police operatives and promotion of police operatives up to the rank of Deputy Inspector General of police.
Part II of the PSC Act which spell out the functions of the police service Commission (PSC)  states as follows: “(1) The Commission shall- (a) be responsible for the appointment and promotion of persons to offices (other than the office of the Inspector-General of Police) in the Nigeria Police Force: (b) dismiss and exercise disciplinary control over persons (other than the Inspector-General of Police) in the Nigerian Police Force; (c) formulate policies and guidelines for the appointment, promotion, discipline and dismissal of officers of the Nigerian Police Force; (d) Identify factors inhibiting or undermining discipline in the Nigeria Police Force; (e) formulate and implement policies aimed at the efficiency and discipline to the Nigeria Police Force; (f) perform such other functions which in the opinion of the Commission are required to ensure the optimal efficiency of the Nigeria Police Force; and (g) carry out such other functions as the President may, from time to time, direct. (2) The Commission shall not be subject to the direction, control or supervision of any other authority or person in performance of its functions other than as is prescribed in this Act.
Therefore, the illegal acts reportedly committed by the Inspector General of police has multiplied the credibility crises afflicting the Nigerian police to an extent that for the first time in recorded history, the police service commission and the Nigerian Police Force are in court to seek interpretation of the roles of each in the area of recruitment of police even when the laws are as clear as the daylight. This legal conflict is happening right under the nose of President Muhammadu Buhari who appointed both the IGP, PSC board and also is the boss of the AGF alleged to be fueling the litigation.   
The conflicts between the Inspector General of police and the PSC have also resulted in the arbitrary appointment of police commissioners by the IGP which violates the constitutional law that compels observance of Federal character principle. These appointments are discriminatory against the South East of Nigeria in clear breach of section 42 of the Constitution. 
These appointments by the IGP are so lopsided that the South East of Nigeria got just one person even when the North got over 30 commissioners. This has also heightened tension between the IGP and PSC.
The Police Service commission, led by a former Inspector General of Police, Musuliu Smith, and the police are already in court over the alleged violation of the powers of the commission on the recruitment of 10,000 constables ordered by President Muhammadu Buhari.
The media reports correctly that there have been mounting concerns over the lopsided deployment of commissioners of police across the 36 states and the Federal Capital Territory (FCT), leading to a situation where some states have four commissioners of police manning four state commands while some states do not have a single commissioner of police in charge of any state command.
The lopsidedness in the posting of commissioners of police to command positions, with the North-west topping the list of the geopolitical zones with the highest number of CPs in command positions.
The posting showed some states have more than three CPs heading state police commands while others have none contrary to the provision of Section 14(3) of the 1999 Constitution(as amended),which forbids domination of one section of the country by the other.
It states: “The composition of the Government of the Federation or any of its agencies and the conduct of its affairs shall be carried out in such a manner to reflect the federal character of Nigeria and the need to promote national unity, and also to command national loyalty thereby ensuring that there shall be no predominance of persons from a few states or from a few ethnic of other sectional groups in that government or in any of its agencies.”
The latest redeployment of commissioners of police effected November 14 fell short of the equitable policy requirement.
The subsequent minor reshufflement that affected the CPs of Ogun and Akwa Ibom States did not follow the policy objectives either, the media observed.
Whilst the PSC and IGP battles for supremacy, the levels of professional indiscipline within the police keep increasing by the day with a lot of criminal elements amongst the police embarking on kidnappings and armed robbery.
In Lagos, the State Police Command said on Wednesday that it had arrested the cops, who abducted a fashion designer, Joseph Ejiro, and recovered the N185, 000 extorted from him.
Media had reported how Ejiro was allegedly abducted by the policemen attached to the Festac Police Post and made to pay a ransom of N185, 000 before he was released.
Ejiro had gone to make a delivery to his client in Festac on November 21, when he was accosted around the Second Rainbow junction by one of the cops, who said his boss was waiting in a vehicle to see him.
In a series of tweets on Tuesday, Ejiro alleged that he was pushed into the vehicle and beaten by the cops when he refused to give them his phone, adding that he was asked to pay N500, 000 to secure his release.
Ejiro further alleged that he was made to transfer the sum of N185, 000 to an account provided by one of the cops before he was released after spending eight hours in their custody. The state Police Public Relations Officer, Bala Elkana, had asked the fashion designer to come to the command headquarters in Ikeja with details of the incident and promised that the matter would be investigated.
Elkana said that the state Commissioner of Police, Hakeem Odumosu, had ordered that the cops must be fished out, adding that they had been identified and were in custody. He added that the money extorted from the fashion designer had also been recovered and would be returned to him.
He said, “The fashion designer came and we listened to him and the CP gave an order that the policemen should be fished out within 24 hours and that was done. We identified them; we have five of them in custody.
“The fashion designer and the police officers have made statements and we have commenced investigation into the matter. We have recovered the N185, 000, which will be handed over to Ejiro.”
The other day Justice Chima Nwosu Iheme of the Benin division of Court of Appeal was kidnapped by men dressed up in police uniforms. In the South East of Nigeria armed policemen are seen practically all over the major roads manning extortion points whereby these rogue officers of the law are seen practically robbing motorists of their hard earned resources. Extortion are also rife all across the Police commands just as extra-legal killings of suspects by police operatives have made the Nigeria Police stations appear to be killing fields. 
The question to ask is when the Nigerian political establishment will become responsible and introduce measures to make the Police accountable and the IGP to respect the laws of the land and to stop behaving like he is above the laws. Nigeria needs comprehensive police reforms for efficiency, competency and effectiveness in crime prevention and comprehensive law enforcement.  The time to actualize these noble goals is now.
*Emmanuel Onwubiko heads HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) and blogs @www.emmanuelonwubiko.comwww.huriwa.blogspot.com,www.thenigerianinsidernews.com.


Wednesday, 27 November 2019

HURIWA asks ASUU to endorse IPPIS for transparency.............. *wants EFCC to carryout enlightenment on Yahoo Yahoo:





The leading pro-democracy and civil Rights advocacy group – HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) has expressed shock that university teachers are kicking against a policy that would bring about accountability, transparency and wipe off the phenomenon of ghost workers in the payments of salaries.

In a statement by the National Coordinator Comrade Emmanuel Onwubiko and the National Media Affairs Director Miss. Zainab Yusuf, HURIWA said universities as bastions of learning ought to be the first amongst the governmental institutions that should endorse the integrated payroll and personnel information system. The Rights group said the reason for opposition of this 21st century compliant payment system by the Academic Staff Union of Universities (ASUU) does not add up because to begin with the President of the Federal Republic of Nigeria is the official and symbolic visitor to all the Federal universities even as the Federal government of Nigeria is the employer of labour in all Universities at the Federal level since they draw up their funding components from the federation accounts.

“Indeed there are several issues that must not be muddled up and dirtied in the muddy water of politics. One of such things is the Federal government’s integrated payroll and personnel information system which governs the accountable and transparent payment of salaries of workers employed by the Nigerian state. For us in the organized  human rights community, in as much as we are not comfortable with the lack of openness in the office of the Accountant General of the Federation, we think that all the 36 states of the Federation should be made to adopt that seamless form of payments of salaries known as IPPIS.”

“We are of the belief that if the officials of the office of the accountant general of the Federation are made to comply with best global practices and abide by professional codes of conduct in the discharge of the onerous obligations of administering the secretariat of the integrated payroll and personnel information system, then we think the government would have carried out an aspect of what the constitution stipulates in section 15(5) that government shall abolish all corrupt practices and abuse of office.”

“Since IPPIS department is responsible for payment of salaries and wages directly to Government employee’s bank account with appropriate deductions and remittances of 3rd party payments such as; Federal Inland Revenue Service, State Boards of Internal Revenue, National Health Insurance Scheme, National Housing Fund, Pension Fund Administrator, Cooperative Societies, Trade Unions Dues, Association Dues and Bank Loans, we are finding it very much shocking that University who should be at the forefront of campaign for an accountable and transparent payment system in the Country are those kicking against this noble idea which if implemented faithfully is capable of checking the ghosts workers syndrome which creates corruption on a large scale in the Federal civil service.  We urge Academic Staff Unions of Nigerian Universities to enrol in this IPPIS to help the Nigerian nation to wage forensic war against corruption. ”

“HURIWA fully supports this programme especially if the staff of the Office of the Accountant General of the Federation would be institutionally guided and compelled to be committed to efficient and effective service delivery and if indeed in reality the main aim of IPPIS is to pay accurately and on time within statutory and contractual regulations, then we do not think there is any rational basis for kicking against it from all quarters. HURIWA charges the Federal Government to aim to provide a payroll service that is customer focused and that utilizes technology wherever possible as profusely pledged by the Secretariat of IPPIS domiciled within the office of the Accountant General of the Federation. HURIWA has been informed that there are 459 MDAS on IPPIS Platform as at 31st June, 2017. The department is responsible for processing and payment of salary to over Three hundred thousand (300,000) Federal Government Employees across the 459 MDAs. We are told that IPPIS aim is to enroll into the platform, all Federal Government MDAs that draws personnel cost fund from the Consolidated Revenue Fund. We have been told that since inception of the IPPIS project in April 2007, the departments have saved the Federal Government of Nigeria billions of Naira by eliminating thousands of ghost workers.”

HURIWA recalled that Academic Staff Union of Universities (ASUU) had insisted that their members wouldn't enrol just as they have given reasons why it rejected the plan by the Federal Government to enroll university workers into the Integrated Payroll and Personnel Information System (IPPIS).

HURIWA recalled that ASUU said it violated university autonomy even as ASUU's Coordinator in Lagos zone, Prof. Olusiji Sowande, who stated this during a media briefing at the Federal University of Agriculture, Abeokuta (FUNAAB), said the policy was not acceptable to the union.

HURIWA quoted the ASUU official as stating thus: "In addition to the Act establishing each university, there is the Universities Miscellaneous Provisions (Amendment) Act, 2003. The Act states in Section 2(A) that the power of the council shall be exercised as in the laws and statutes of each university and to that extent, the establishment circulars that are inconsistent with the laws and statutes of the university shall not apply to the university. IPPIS will not recognize nor adequately capture the flexibility and peculiarities of the university system in terms of replacement/recruitment of staff,” he said.

HURIWA however asked ASUU to stop their opposition to the implementation of the new salary payment system which would eliminate traces of malpractice and fraud just as the Rights group wondered how teachers in the Universities are quoting the statute granting autonomy to Universities just so they can be excused from observing transparent and an accountable salaries payment system which IPPIS represents as if to say that the funds that go into the running and development of these institutions are not drawn from the public coffers. "HURIWA thinks that the position of ASUU has no rational, empirical and constitutional basis just as the group asked ASUU to accept the policy or go to court to test the waters.

Relatedly, the Rights group has challenged the Economic and Financial Crimes Commission (EFCC) to spend enough resources to enlighten the Nigerian youths about the dangers of their involvement in advanced fees fraud or yahoo yahoo. "EFCC should be concerned about motivating the Nigerian youths to reject the criminal tendencies of Advanced Fees fraud instead of spending more money on media trials of youngsters which has adverse consequences to our global image. The media narrative already crafted and been forcefully pushed by EFCC that our youths are all after making quick money through illicit means has seriously harmed the corporate image of Nigeria and has affected the respectability of Nigerians abroad."

Tuesday, 26 November 2019

Sowore: HURIWA asks NJC; NBA to step in or judiciary is vanquished:




In the thinking of the prominent civil Rights advocacy group – HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA), unless the members of the National Judicial Council (NJC); the Nigerian Bar Association(NBA) and the International Bar Association (IBA) collectively adopts constructive steps in protest against the pattern of serial disrespect of court orders by president Muhammadu Buhari and the State Security Service (SSS), the Nigerian Judiciary may collapse anytime soon as litigants may think of opting for self-help measures which may unleash chaos and anarchy on a grand scale.

HURIWA said the nation's judiciary is hobbled by the internal contradictions and credibility crises of the unedifying manner and circumstances that threw up the newly sworn in Chief justice of Nigeria Tanko Muhammad and head of the Judicial arm of government which accounts for the widespread disregard for orders of competent courts of law by central government officials just as the Rights group said external assistance is needed to rescue the judiciary of Nigeria from implosion and collapse as a result of cocktails of self-inflicted credibility problems. HURIWA said the NBA should drive the process and should seek technical help from global legal bodies.

The Rights group which spoke against the backdrops of the reported threats of the Federal High Court to jail the Director General of SSS Alhaji Yusuf Bichi for contempt of court for the SSS refusal to set free the duo of Omoyele Sowore and Olawale Adebayo Bakare (mandate) on bail just as the Rights group charged the chief justice of Nigeria to be courageous, grow balls enough and to order that no courts of law should entertain any matter filed by the State Security Services(SSS) until the agency comes clean and obey all subsisting bail orders by releasing all illegally detained suspects.

HURIWA said: “We in the human rights community have done extensive research on how to rescue the judiciary from imminent collapse due to executive lawlessness and we are aware that apart from contempt proceedings, a judge can set aside any act done in disobedience of court orders and judgments. We learnt from the scholarly writings of one of the retired but reputable jurist that this is the decision of the Supreme Court in The Attorney-General of Ekiti State v. Prince Daramola. The court of Appeal held that the Ondo State Government appointed Warrant Chiefs in disobedience to an existing valid order of court. The defence of this allegation was that the order was not properly served on the Attorney-General. Although the Court of Appeal condemned the disobedience, describing the act as “blatant, brazen and lawless”, the Supreme Court held that the order of intern injunction against the Ondo State Government was not properly served on the Attorney-General. 

HURIWA recalled that according to our findings, the Supreme Court however held that a court can set aside act done in disobedience of order of court. The proper approach in setting aside act done in disobedience of order is by applying to the court in the same proceedings and not by filing an entirely new suit. That was what the plaintiffs did.Ogundare, JSC, in his concurring judgment, said at page 162: “If on being made aware, by service, of the order of the Government proceeded to appoint Warrant Chiefs in disobedience of the court’s order, the plaintiffs should have moved in the case (that is HCJ/24/91) for an order setting aside the appointment of the Warrant Chiefs and whatever action the Chiefs would have taken subsequent to their appointment. Rather than take such a course of action, the plaintiffs instituted a new action. The Chief justice of Nigeria should make a pronouncement stopping the entertainments of All pending cases by the SSS  or DSS until the agency purges itself of the vexatious and serial disrespect of binding orders of courts of competent jurisdiction which has the Judicial powers of the federation in accordance with section 6 of the 1999 Constitution of the Federal Republic of Nigeria which states thus:” (1) The judicial powers of the Federation shall be vested in the courts to which this section relates, being courts established for the Federation. (2) The judicial powers of a State shall be vested in the courts to which this section relates, being courts established, subject as provided by this Constitution, for a State. (3) The courts to which this section relates, established by this Constitution for the Federation and for the States, specified in subsection (5) (a) to (1) of this section, shall be the only superior courts of record in Nigeria; and save as otherwise prescribed by the National Assembly or by the House of Assembly of a State, each court shall have all the powers of a superior court of record. (4) Nothing in the foregoing provisions of this section shall be construed as precluding:- (a) the National Assembly or any House of Assembly from establishing courts, other than those to which this section relates, with subordinate jurisdiction to that of a High Court; (b) the National Assembly or any House of Assembly, which does not require it, from abolishing any court which it has power to establish or which it has brought into being. (5) This section relates to:- (a) the Supreme Court of Nigeria; (b) the Court of Appeal; (c) the Federal High Court; (d) the High Court of the Federal Capital Territory, Abuja; (e) a High Court of a State (f) the Sharia Court of Appeal of the Federal Capital Territory, Abuja; (g) a Sharia Court of Appeal of a State; (h) the Customary Court of Appeal of the Federal Capital Territory, Abuja; (i) a Customary Court of Appeal of a State; (j) such other courts as may be authorised by law to exercise jurisdiction on matters with respect to which the National Assembly may make laws; and (k) such other court as may be authorised by law to exercise jurisdiction at first instance or on appeal on matters with respect to which a House of Assembly may make laws. (6) The judicial powers vested in accordance with the foregoing provisions of this section - (a) shall extend, notwithstanding anything to the contrary in this constitution, to all inherent powers and sanctions of a court of law (b) shall extend, to all matters between persons, or between government or authority and to any persons in Nigeria, and to all actions and proceedings relating thereto, for the determination of any question as to the civil rights and obligations of that person; (c) shall not except as otherwise provided by this Constitution, extend to any issue or question as to whether any act of omission by any authority or person or as to whether any law or any judicial decision is in conformity with the Fundamental Objectives and Directive Principles of State Policy set out in Chapter II of this Constitution; (d) shall not, as from the date when this section comes into force, extend to any action or proceedings relating to any existing law made on or after 15th January, 1966 for determining any issue or question as to the competence of any authority or person to make any such law. ”

HURIWA recalled that an Abuja Federal High Court threatened to jail the Director-General of the Department of State Services, DSS, Yusuf Bichi over failure to release convener of RevolutionNow Movement, Omoyele Sowore.

HURIWA recalled that Justice Ijeoma Ojukwu-led court had issued a notice of consequences of disobedience of a court order which is also known as form 48 on the DSS, before Monday’s session even as Ojukwu stated that Bichi will be found guilty of contempt of court if he refuses to comply with the court order on release of Sowore.

HURIWA recalled that the notice reads: “Take notice that unless you obey the direction contained in the order of the federal high court of Justice, Abuja made on the 6th November 2019, which ordered you to release the defendants/applicants in suit no: FHC/ABJ/CR/235/2019 forthwith, you will be guilty of contempt of court and will be liable to be committed to prison. “A copy of the said order of court earlier served on you is hereby annexed for your on the spot reference. “This court has been informed that even as at today, Tuesday the 12th November 2019 you are yet to comply with the lawful order of the Federal High Court by refusing to release the defendants/applicants namely: Omoyele Stephen Sowore and Olawale Adebayo Bakare (Mandate) in your custody. “You are hereby directed to comply with the court order forthwith or you will be guilty of contempt of court.”

Francis, the Pope for the youths





By Emmanuel Onwubiko
Pope Saint John Paul the second is perhaps one of the few modern day Popes that made significant impacts in the annals of the sacred papacy as a constantly travelling holy father who practically touched down on virtually all continents of the world.

In Nigeria cosmology, there is this joke about a man known as AJALA who has a reputation for being the first Nigerian to have travelled to all parts of the World. This mythology of AJALA the World traveller perfectly fits the description of Pope John Paul 11.

Pope John Paul II was also remarkable for his motivational activities around the thematic areas that mostly affect the young person’s positively.

Pope John Paul II was charismatic and vastly knowledgeable about the central role of the younger populations of the world towards the globalization of peace and security. His Papacy elevated and celebrated World Youths Conferences that held in different parts of the World bringing together young Catholics from all parts of the Earth to fraternize for at least one week dealing with social and spiritual issues of our times. That legacy is alive and strong.

However, like a pathfinder, the successor to the throne of Saint Peter and who is the head of the over two billion membership Roman Catholic Church, the catholic pontiff, Francis the first, is clearly known for his love, passion and commitments to advocate those basic issues that seek the promotion and protection of the human rights of the youths.

This is not to underrate the achievements of Pope Francis’s immediate predecessor Pope Benedict XVI just as we must take specific note that Pope Benedict the sixteenth occupied his papacy with phenomenal scholarships in the area of the radical advancement of theological sciences. Benedict did not shy away from letting the World know that he is a man that cherishes the choicest parts of the revered Roman Catholic traditions which were facing the imminent threats of erosion and decline. He instituted many reforms aimed at refocusing the Church towards the celebration of the Holy Mass that is in tune with traditions and rites that are sacred and sacerdotal.

Pope Benedict XVI, who is the only Pope in the last four centuries to have resigned from his high office due to health challenges, is known for excellent books on Bible and theology. Yours faithfully have the rare privilege of buying about half a dozen of such books of spiritual purity and pristine quality.

And so, in the context of the central themes that have occupied the times of the current Pope, it is not in doubt that the wellbeing and spiritual welfare of the younger populations of the world is so dear to him. In the past couple of months, this Pope who loves the youth and the less privileged, has occupied himself with evangelism of the youths around the world with travels to virtually all continents of the world.

I will return to the aforementioned but first, it would seem that Pope Francis is gradually carving a niche for himself as the Saint John Bosco of the contemporary times.

A scholar, John Kubasak reflected about what he calls the 7 important lessons from the life and times of Saint John Bosco which was published on www.coraevans.com.

John Kubasak had in the preamble to the work on his namesake stated that if we had lived in Italy during the 19th century, St. John Bosco would’ve been a household name.  His personal service to the Church, and that of the Salesian religious order that he founded reached far and wide throughout Europe.

St. John was born in Turin, Italy in 1815 to a poor family, and lost his father at age two. 

The writer recalled too that he was ordained a priest in 1841 just as he observed that perhaps the tragedy of losing his father spurred him to the mission that he was best known for: reaching out to troubled youth. 

The more proximate cause of ministering to troubled youth was seeing the squalid condition of the nearby prisons, in which children were incarcerated along with adults.  Pope Francis has also identified with the suffering prisoners and immigrants who are mostly young person’s just like what Saint John Bosco did as compiled by John Kubasak. Recently, Pope Francis dedicated a four story edifice for sheltering immigrants and a kitchen where they are to be fed at least two good square meals every day.

Kubasak recalled that a meeting house where St. John could instruct boys was founded in the late 1840s burgeoned into the Salesian religious order approved by the Vatican in 1874. 

The author then stated that by the time of his death in 1888, 250 houses had been established throughout the world.  The work of the society in the 40 years of St. John’s earthly life produced a staggering 6,000 priests and innumerable riches in converted souls.

The writer confirmed my assessment of Pope Francis to be a replica of Saint John Bosco when he wrote that everything Pope Francis has described as the model of a priest, St. John Bosco was: he had the smell of his sheep, went out to the margins, lived a life of grace and the sacraments, and was zealous for souls. 

St. John, he affirmed, was also a mystic, and the primary medium of his mystical experiences were vivid dreams. 

Whether we are young or not so young, St. John Bosco was a man of great holiness whose life could teach us all some lessons.  From his dreams, his biography, and the communities he started, I think there are seven main lessons we can learn from St. John Bosco.  With the turmoil in the world and within the Catholic Church today, St. John Bosco is a timely intercessor and teacher for our times, John Kubasak concluded.

So we now have to stage a comeback to our topic of interest which is about the dominant theme of the wellbeing of the world’s youths in the gospel according to the current pope, Francis who is from Argentina, originally.

He actually took his time as a deep thinker to throw the challenge to technology firms regarding their corporate social responsibility towards the youths and then he gave a general message to leaders of advanced nations on why they have to slow down on their pursuit for nuclearization of their military weaponry. He is of the conviction that the evolution of the world into fractional political societies of military forces, who are in a race of life to develop nuclear weapons, will in a big way endanger the youth, endanger world peace and threaten humanity. Pope Francis is 100% correct.

On his worries over the unregulated access of the young minds to diverse sets of technological advances, the Holy Father sounded a note of warning as reported by Reuters.

Pope Francis warned on Friday last week that technology and globalization were homogenizing young people around the world to the point where their uniqueness and cultural individuality were becoming endangered species.

The 82-year-old pope made his appeal for young people to hold on to the cultures handed down by their ancestors and cherish their roots at a meeting of leaders of other religions as he wrapped up the last full day of his visit to Thailand.

He decried a “growing tendency to discredit local values and cultures by imposing a unitary model” for values on young people, referring apparently to Western influence from films, advertising and social media.

“This produces a cultural devastation that is just as serious as the disappearance of species of animals and plants,” he said.

These sentiments will resonate well in Africa whose beautiful cultural confront the challenges of global imperialism and neo-colonialism.

The preservation of local culture was also a theme of a visit on Friday to the predominantly Catholic village of Wat Roman on the outskirts of Bangkok where he urged today’s Thais not to consider Christianity a “foreign” religion. In all of these visits both Reuters and other prominent global media gave it extensive coverage.

The Pope continued his defence of Cultural rights of diverse people of the World when he emphasized the essence of holding on to the heritage of these distinct cultures just as we will recall that the dominant culture in Thailand is closely tied to Buddhism, although the Catholic minority of fewer than 1% were generally treated well in modern times.

In a talk to priests and nuns gathered in the village church, Francis paid tribute to those killed to those killed for their faith in the past.
Among them were seven Catholics, including three teenage girls, who were killed by Thai police in 1940 in the northeastern province of Nakhon Phanom.

Pope Francis called for migrants to be made welcome and women and children to be protected from exploitation, abuse and enslavement as he began a busy two days of activities in Thailand on Thursday, says Associated Press.

Francis pleaded for action against one of the region's greatest scourges, human trafficking to fuel the forced labour and sex trade industries, as he began a weeklong visit to Asia. Nigeria and much of Africa face similar challenges. So the Pope spoke for us too.

He praised the Thai government's efforts to fight human trafficking in a speech delivered at host Prime Minister Prayuth Chan-ocha's Government House offices.

But he appealed for greater international commitment to protect women and children "who are violated and exposed to every form of exploitation, enslavement, violence and abuse''.

He called for ways to "uproot this evil and to provide ways to restore their dignity''.

"The future of our peoples is linked in large measure to the way we will ensure a dignified future to our children,'' he said.

The United Nations considers Thailand a key trafficking destination as well as a source of forced labour and sex slaves, who are trafficked at home or abroad. The UN anti-trafficking agency says migrants come from Laos, Myanmar, Cambodia or Vietnam, with Cambodian women and children in particular trafficked to beg in Thai cities. Pope Francis's iconic speech on the girl child and women rights coincided with the marking of the 16th days of activism against gender based violence which began on November 25th being the International day of the Girl Child and would culminate in the symbolic marking of the International Human Rights Day on December 10th.  During his visit to Japan, his speeches covered many areas from bullying up to the issue of the need for denuclearization. 

Bullying, he said, “Attacks our self-confidence at the very time when we most need the ability to accept ourselves and to confront new challenges in life”.

The Pope described the phenomenon as an epidemic and said the best way to treat it is to unite and learn to say “Enough!” And he urged all young people never to be afraid of “standing up in the midst of classmates and friends and saying: “What you are doing is wrong”.

Fear, the Pope explained, is always the enemy of goodness, because it is the enemy of love and peace. He said that all great religions teach tolerance, harmony and mercy, not fear, division and conflict. He reminded those present that Jesus constantly told his followers not to be afraid. Love for God and for our brothers and sisters, the Pope said, casts away fear. “Jesus himself,” he said, “knew what it was to be despised and rejected – even to the point of being crucified”.

“He knew too what it was to be a stranger, a migrant, someone who was “different”.  In a sense, Jesus was the ultimate “outsider”, an outsider who was full of life to give,” he said.

“The world needs you, never forget that!” Pope Francis said to all the ‘Leonardo’s of the world’: we can always look at all the things we don’t have, but we must see all the life that we can give and share with others: “The Lord needs you, so that you can encourage all those people around us who are looking for a helping hand to lift them up.”

This, he said, involves “developing a very important but underestimated quality: the ability to learn to make time for others, to listen to them, to share with them, to understand them”.

Only then, the Pope explained, can we open our experiences and our problems to a love that can change us and start to change the world around us. That, the Pope continued is exactly what Miki talked about during his presentation when he asked how young people can make space for God in a society that is frenetic and focused on being competitive and productive. Increasingly, he said, we see that “a person, a community or even a whole society can be highly developed on the outside, but have an interior life that is impoverished and under-developed, lacking real life and vitality”.

The young people of the World should listen, imbibe the teachings of Pope Francis and externalize these excellent values and virtues so we make the World a better place for humanity just like Michael Jackson of the blessed sang that we should make the World a good home for all.

*Emmanuel Onwubiko heads HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) and blogs @www.emmanuelonwubiko.com, www.huriwa.blogspot.com,www.thenigerianinsidernews.com.